2009-05-22_PERMIT FILE - C1981044A (3)

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• Peabody Energy Corporation: Notice of Violation List Page: 9 Date: 01 /26/2009 For NOV's Issued Between 01/27/2005 and 12/19/2007 06-046 Company: PEABODY WESTERN COAL COMPANY Mine: KAYENTA Permit: AZ-0001 D MSHA ID: 02-01195 County: NAVAJO State: Arizona NOV: 06-020-352-005 Issued: 9/13/2006 Issuer: U.S. Office of Surface Mining Cause: 1) FAILURE TO PREVENT EROSION ON A PRIMARY ROAD CUT AND FILL SLOPE; 2) FAILURE TO MAINTAIN INLETS AND PREVENT SLOPE EROSION OF SEDIMENT PONDS; Status: TERMINATED: 1) 10/12/06; 2) 11/10/06; As of: 6/21/2007 Action: 1) REPAIRED AND STABILIZED THE EROSION; 2a) REPAIRED EXISTING INLETS AND CONSTRUCTED NEW ARMOURED INLETS WHERE EROSION OCCURRED; 2b) UPDATED AND SUBMITTED SEDIMENT POND DRAWING TO OSM; Penalty: 1) CONFERENCE HELD 12/20/06; ACCESSED $970.00 PER COC 02/07/07 AND SUBMITTED APPEAL 03/07/07 WITH PENALTY PAYMENT; APPEAL HELD 06/21/07: DECISION PENDING 2) NONE; 06-047 Company: BLACK BEAUTY COAL COMPANY, LLC Mine: SOMERVILLE CENTRAL #1 MINE Permit: S-00322 MSHA ID: 12-02258 County: GIBSON State: Indiana NOV: N60914-S-00322 Issued: 9/14/2006 Issuer: Cause: Indiana Department of Natural Resources FAILURE TO CONTROL SURFACE DRAINAGE FROM THE DISTURBED AREA THROUGH A SILTATION STRUCTURE; Status: TERMINATED: 09/14/06; As of: 9/14/2006 Action: CONTROLED AND/OR ELIMINATED DISCHARGE; Penalty: ASSESSED $140.00; 06-048 Company: BLACK BEAUTY COAL COMPANY, LLC Mine: FRANCISCO UNDERGROUND Permit: U-00023 MSHA ID: 12-02295 County: GIBSON State: Indiana NOV: N61025-U-00023 Issued: 10/25/2006 Issuer: Indiana Department of Natural Resources Cause: FAILURE TO SUBMIT A REPORT OF AFFECTED AREA FOR THE YEAR 2004; Status: TERMINATED: 11/16/06; As of: 11/16/2006 Action: SUBMITTED REQUIRED 2004 REPORT FOR AFFECTED ROCK DUST SUPPLY DROP AREA; Penalty: NONE;